Neb. Rev. Stat. » Chapter 43
Nebraska Revised Statutes

Neb. Rev. Stat. § 43-1401 (2026)

Terms, defined

✓ current as of July 2026
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(1) For purposes of sections 43-1401 to 43-1418:

(a) Child means a child who is under the age of eighteen years and who:

(i) Except as provided in sections 43-1411 and 43-1414, was born out of wedlock; or

(ii) Has been adopted by a second adult person under subdivision (1)(c) of section 43-101;

(b) Child born out of wedlock means a child whose parents were not married to each other at the time of birth, except that a child shall not be considered as born out of wedlock if the parents were married at the time of the child's conception but divorced at the time of birth. The definition of legitimacy or illegitimacy for other purposes shall not be affected by sections 43-1401 to 43-1418; and

(c) Support includes reasonable education.

(2) The changes made to this section by Laws 2025, LB150, apply to actions under sections 43-1401 to 43-1418 that are pending on June 5, 2025, and to cases filed on or after such date.

Notes of Decisions
Cited in 24 cases (3 in the last 5 years), 1988–2025 · leading case: Bohaboj v. Rausch, 721 N.W.2d 655 (Neb. 2006).
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Bohaboj v. Rausch, 721 N.W.2d 655 (Neb. 2006). · cites it 8× “NATURE OF CASE Keith Bohaboj filed an action pursuant to the parental support and paternity statutes found in Neb. Rev. Stat. § 43-1401 et seq. (Reissue 2004), in the district court for Douglas County, seeking to establish his paternity of a child bom to Erin Rausch.”
Manker v. Manker, 644 N.W.2d 522 (Neb. 2002). · cites it 4× “The procedure for obtaining a judicial determination of paternity is set forth in Neb.Rev.Stat. §§ 43-1401 to 43-1418 (Reissue 1998 & Cum.”
State Ex Rel. Amanda M. v. JUSTIN T., 777 N.W.2d 565 (Neb. 2010). · cites it 5× “Because Amanda is receiving state assistance, on August 26, 2008, the State of Nebraska filed a complaint under Neb. Rev. Stat. §§ 43-1401 through 43-1408 (Reissue 2008) to establish paternity and seek child support on behalf of Amanda and against Justin.”
Fetherkile v. Fetherkile, 299 Neb. 76 (Neb. 2018). · cites it 2× “7 Actions to determine paternity are governed by Neb. Rev. Stat. §§ 43-1401 through 43-1418 (Reissue 2016).”
Cross v. Perreten, 600 N.W.2d 780 (Neb. 1999). · cites it 3× “The statutory framework allows either the mother, the father, a guardian or next friend, or the State to file suit for the determination of paternity. Section 43-1402 provides that the “father of a child whose paternity is established either by judicial proceedings or by…”
Sylvis by & Through Sylvis v. Walling, 532 N.W.2d 312 (Neb. 1995). · cites it 4× “STATEMENT OF CASE Filed on April 26, 1993, under the provisions of the parental support and paternity statutes, Neb. Rev. Stat. §§ 43-1401 through 43 — 1418 (Reissue 1988 & Cum.”
Wolter v. Fortuna, 27 Neb. Ct. App. 166 (Neb. Ct. App. 2019). · cites it 2× “An action for paternity or parental support under Neb. Rev. Stat. §§ 43-1401 to 43-1418 (Reissue 2016 & Cum.”
Chatterjee v. Chatterjee, 986 N.W.2d 283 (Neb. 2023). · cites it 17× “FACTUAL BACKGROUND Apurba filed a complaint on March 18, 2020, citing Neb. Rev. Stat. § 43-1401 et seq. (Reissue 2016 & Cum.”
Kenneth C. v. Lacie H., 286 Neb. 799 (Neb. 2013). · cites it 3× “1 BACKGROUND Actions to determine paternity and parental support are gov- erned by Neb. Rev. Stat. §§ 43-1401 through 43-1418 (Reissue 2008).”
Windham v. Kroll, 307 Neb. 947 (Neb. 2020). · cites it 2× “12 But our cases make clear that when modifying the rights and responsibilities of one who stands in loco parentis, courts may also need to consider whether the in loco parentis relationship has changed 13 and whether the parental preference doctrine applies.”
Smith v. King, 29 Neb. Ct. App. 152 (Neb. Ct. App. 2020). · cites it 2× “Section 43-1411 provides that a paternity action may be insti- tuted “by (1) the mother or the alleged father of such child, either during pregnancy or within four years after the child’s birth .”
Tyler F. v. Sara P., 306 Neb. 397 (Neb. 2020). · cites it 2× “19 Actions to determine paternity and parental support are gov- erned by Neb. Rev. Stat. §§ 43-1401 through 43-1418 (Reissue 2016 & Cum.”
Show all 24 citing cases →
— Neb. Rev. Stat. § 43-1401(1) — 1 case
Chatterjee v. Chatterjee, 986 N.W.2d 283 (Neb. 2023). “FACTUAL BACKGROUND Apurba filed a complaint on March 18, 2020, citing Neb. Rev. Stat. § 43-1401 et seq. (Reissue 2016 & Cum.”
— Neb. Rev. Stat. § 43-1401(2) — 1 case
Chatterjee v. Chatterjee, 986 N.W.2d 283 (Neb. 2023). “FACTUAL BACKGROUND Apurba filed a complaint on March 18, 2020, citing Neb. Rev. Stat. § 43-1401 et seq. (Reissue 2016 & Cum.”
— Neb. Rev. Stat. § 43-1401(3) — 1 case
Cross v. Perreten, 600 N.W.2d 780 (Neb. 1999). “The statutory framework allows either the mother, the father, a guardian or next friend, or the State to file suit for the determination of paternity. Section 43-1402 provides that the “father of a child whose paternity is established either by judicial proceedings or by…”
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